Environmental News - Vinson & Elkins LLP

TCEQ Regulatory Watch
Air Rules
The following significant new air rule adoption has been
published since the August 2007 issue of the V&E
Environmental News.
New Proposed Rules
General Air Quality Rules
• 32 Tex. Reg. 5296 – August 24, 2007
• 30 TAC Chapter 113
• TCEQ proposes amendments to certain sections of
Chapter 113. The proposed amendments to Chapter 113
would incorporate amendments that EPA made to the
National Emission Standards for Hazardous Air Pollutants
(NESHAP) for Source Categories, under 40 Code of
Federal Regulations (CFR) Part 63 and add six NESHAPs
that have not previously been incorporated into Chapter
113. The proposed amendments would incorporate by
reference amendments that EPA made to NESHAP for
Source Categories under 40 CFR Part 63. These are
technology-based standards commonly referred to as
the maximum achievable control technology (MACT)
standards. The MACT standards are required by the
Federal Clean Air Act Amendments of 1990 (FCAA),
Section 112, which requires EPA to develop national
technology-based standards for new and existing sources
of hazardous air pollutants listed in Section 112. The
MACT standards are generally required to be based
on the maximum degree of emission control that is
achievable, taking into consideration cost and any nonair
quality health and environmental impacts and energy
requirements. In addition, the proposed new sections
would incorporate by reference six MACT standards that
have not been previously incorporated into Chapter 113.
EPA is developing these national standards to regulate
emissions of hazardous air pollutants as required under
FCAA, Section 112, as codified in 42 United States Code,
Section 7412.
• Comments due by: September 24, 2007
• Need additional information? Please contact Vinson &
Elkins lawyer Chris Amandes at 713.758.1146.
Control of Air Pollution From Motor Vehicles
• 32 Tex. Reg. 5315 – August 24, 2007
• 30 TAC Chapter 114
• TCEQ proposes amendments to Sections 114.7, 114.62,
114.64, 114.66, and 114.70. The Commission proposes
these revisions in order to implement requirements of
Senate Bill (SB) 12, authored by the Honorable Senator
Averitt, passed during the 80th Legislature, 2007. During
the 77th Legislature, 2001, the legislature adopted
provisions, House Bill (HB) 2134, to assist low-income
individuals with repairs, retrofits, or retirement of vehicles
that fail emissions inspections. As required by HB 2134,
the Commission adopted rules providing the minimum
guidelines for counties to implement a low income vehicle
repair assistance, retrofit, and accelerated vehicle retirement
program (LIRAP).
• Comments due by: September 12, 2007
• Need additional information? Please contact Vinson &
Elkins lawyer Larry Nettles at 713.758.4586.
Control of Air Pollution by Permits for New Construction
or Modification
• 32 Tex. Reg. 6053 – September 7, 2007
• 30 TAC Chapter 116
• TCEQ proposes amendments to Section 116.114. The
proposed rule amendment is required by House Bill (HB)
3732, passed by the 80th Legislature, Regular Session,
which sets the deadlines and directed TCEQ to adopt corresponding
rules no later than January 1, 2008. The intent
of HB 3732 and the associated rules is to provide an
incentive to encourage the development of certain types
of electric power projects that meet stringent emission
limits. The proposed rule amendment would establish
deadlines for the Agency's review of air permit applications
for Advanced Clean Energy Projects (ACEP), in order to
ensure that those permits are issued in an expedited manner.
The rule proposal would require that the executive
director complete the technical review of an ACEP permit
application within nine months of determining the application
is administratively complete. The rule proposal also
requires the Commission to issue a final order issuing or
denying the permit within nine months of the date the
executive director determines the application is technically
complete. The Commission has discretion to extend this
deadline by up to three months, if meeting the deadline
would create an extraordinary burden on Commission
resources. The Commission specifically invites comment
on whether or not the executive director should directly
refer all ACEP air permit applications to the State Office of
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